The approach to the protection of the environment during construction requires that every person shares in the responsibility for that overall success. The extent of that responsibility is allocated to participants according to their respective roles. Often the critical responsibilities are held in the hands of construction workers. This responsibility is can be shared effectively through environmental awareness, training, quality control/assurance and compliance monitoring.

Table 1 (in the document provided) summarizes the roles and responsibilities of each participant in the ESC process. Provisions from federal and provincial regulations, as well as municipal By-Laws, enforce these responsibilities. The local municipality (City of London, City of Toronto, City of Kitchener, etc. ) in coordination with the local Conservation Authority (UTRCA, etc.) are generally the lead agencies in reviewing the proposed ESC plan and inspecting the initial installation of the ESC measures implemented for a construction site within their jurisdiction.

Pleasereview the document in the following link which discusses the key participants role and responsibilities during construction.

Please discuss the roles and responsibilities of each partyinvolved in the process of preparing Erosion Sediment Control Plan

4.0 Key Participants Roles and Responsibilities The approach to the protection of the environment during construction requires that every person shares in the responsibility for that overall success. The extent of that responsibility is allocated to participants according to their respective roles. It is important not to forget that significant environmental mishaps can be tied to an event as simple as refuelling a bypass pump. Often critical responsibilities are held in the hands of the construction worker. This should highlight the importance of shared responsibility. This responsibility can be shared effectively through environmental awareness, training, quality control/assurance and compliance monitoring. Table 1 summarizes the roles and responsibilities of each participant in the ESC process. Provisions from federal and provincial regulations, as well as municipal by-laws, enforce these responsibilities. The local municipality in coordination with the local Conservation Authority are generally the lead agencies in reviewing the proposed ESC plan and inspecting the initial installation of the ESC measures implemented for a construction site within their jurisdiction. Other agencies will become involved in the review and/or enforcement of ESC practices, if site conditions and/or construction activities are applicable under their respective legislation or regulations. With an accepted level of responsibility, consideration must be given to the two often overlapping components: personal/professional responsibilities and legal liability. One of the most difficult messages to convey is the individual connection that we all have when involved in this process. This is due in part to its' intrinsic nature and the ways that each person respects their role with regard to the environment. Often this is personally measured against competing influences such as preconceived ideas, attitude, time and money. It can be demonstrated through project experience that increased environmental awareness can result in a better and more predictable "bottom line" while protecting resources. This awareness can be enhanced through construction experience, education/training and willingness. This Guideline intends to promote this awareness and provide an avenue for education. It is expected that this benefit will be immediately realized by those attending specific training sessions. It is also anticipated that this message will be emphasized in future undertakings and received by other project contributors. As professionals, affiliation, accreditation and certification is sought through a variety of governing bodies and Associations such as the Professional Engineers of Ontario (PEO), Ontario Association of Certified Engineering Technicians and Technologists (OACETT), and Association of Professional Geoscientists of Ontario (APGO). Many of these organizations have codes of professional conduct and ethics that are relevant to environmental protection. The specifics should be researched by those encompassed by these groups. Legal liability, as it relates to environmental protection, is directly tied to the specifics of the applicable regulations and laws in both secured permits, approvals and Authorizations as well as in action. Compliance with these constraints is often measured through demonstration of "due diligence". Due Diligence can be defined as: Such a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent person under the particular circumstances; not measured by any absolute standard, but depending on the relative facts of the special case. (Blacks Legal Dictionary) Erosion and Sediment Control Guideline - December 2006 14Due diligence is also simply being able to demonstrate that every reasonable effort was made to ensure compliance. Compliance or the exercise of due diligence is determined through investigations and audits by regulatory agencies and/or independent parties. Ultimately, the burden of erosion and sediment control is the responsibility of the owners or proponents of the undertaking because they are the parties driving the project and the potential environmental impacts. From this point, the partitioning of individual responsibility can conunence. Logically, the owner shares liability for the undertaking with the professionals retained to manage the undertaking on their behalf. This responsibility is delegated within the project team and ultimately carried to the site level or construction phase by Contract Administrators, Contractors and Compliance Monitors. Due diligence is strengthened throughout the design process and demonstrated on the ground during construction through an effective and practical erosion and sediment control approach. The protection of the environment and project success will be the proof of compliance. The execution of an undertaking is never that simple and the reality is "things" do happen. The next test of due diligence is whether or not those "things" were foreseeable, preventable and ultimately in whether the required action was conducted in a reasonable and timely manner. This level of protection is typically limited to the events surrounding construction and is enforced through "on the ground" inspections and environmental compliance monitoring. Numerous individuals comprise the layers of quality control/assurance inspectors and monitors during construction. For the purposes of this Guideline, the construction team is comprised of members representing various specialties and interests similar to those utilized during the design stage of the project. The roles of these individuals should be established prior to construction and have developed communication protocols that include the owner, key participants and the regulatory agencies as required. The strength of an erosion and sediment control plan often lies with a thorough understanding of the undertaking. This comprehension is normally found in the Contract Administrator (Administrator) who forms the core of the construction team. The Administrator is traditionally the owner's representative on the project who liaises with all parties including the constructor and review agencies. Added professionals/inspectors involved in construction can usually be divided into those who work on behalf of the owner or those employed by the constructor. Roles in this regard are sometimes duplicated. The Administrator provides construction specifics and schedules to the rest of the team who assess the construction details and makes recommendations for the specialty. Notably, the team size expands and contracts in response to project progress where specific expertise is needed. Effective construction teams recognize the need for additional expertise and rapidly engage those services to allow the most time for design input. One key role that can often be played by an individual throughout an entire construction project is that of the Environmental Monitor (EM). The EM role is that generally of an environmental professional who assumes a quality control/assurance focus as it relates to environmental compliance. These individuals should have demonstrated ability and experience overseeing the environmental intricacies of an undertaking. This role should include an understanding of environmental impacts relating to construction activities, an awareness of the regulatory context of a project (permits and approvals), a working knowledge of the undertaking as it relates to the environment and be intimately familiar with the erosion and sediment control plan. During construction the environmental monitor can provide practical advice on environmental management which can protect the project/owner from unnecessary environmental risk and potential liabilities. Among the other broad range of roles assumed, the EM can also play an integral role in the event of a mishap. This can involve the coordination of event reporting, Erosion and Sediment Control Guideline - December 2006 15development of containment measures, creation of restoration plans as well as forming a communication bridge between the site participants and the regulatory agency representatives/ enforcement officers. The boundaries of the EM role are developed based on the environmental sensitivities, experience level, construction specifics and solidified in the working agreement/contract negotiated between the EM and the employer (owner/contractor/agency ). Additional personnel may be required for an undertaking to conduct specific tasks and are referred to as Construction Specialists. These potential participants of the construction team can include fluvial geomorphologist, geotechnical engineers, hydrogeologists and product/service representatives. Table 1. Roles and Responsibilities of Involved Parties Party Roles and Responsibilities Land Owner, Ultimate responsibility for ESC planning, design, implementation, inspection, monitoring, Developer, maintenance, operation, and decommissioning. Builder . May delegate this responsibility to numerous design and construction professionals to construct implement, maintain and inspect /monitor for the duration of the undertaking. Signs agreements, approvals permits and Authorizations to which compliance is legally binding Ultimately responsible for the proper planning, design, implementation of a project and specifically the execution of an ESC Plan. Ensure constructors have copies of all pertinent approvals and permits as well as the details of an ESC Plan, Ensure contractors are aware of their responsibilities and are back charged for construction of ESC measures installed, maintained and specific restorations requirements. " Liable for failure of ESC or regulatory violation. Participate in every step of ESC process. Project Provide accurate and applicable impact assessment and design details which considers the potential Manager/ for environmental effects Design " Assist ESC Plan designer in planning ESC as it relates to construction phases, schedules and local Engineers/ sensitivities including soil conditions, vegetation, and public safety. Sub- Maintain awareness of consequences regarding ESC failures from a regulatory perspective and consultants/Spc maintain ongoing contact with Owner. cialties " Aware of contingency Plan and direct use when/if necessary. Erosion and Lead the development of the ESC Plan. Sediment Select and design ESC practices that suit the construction site/ environmental conditions. Control (ESC) Visit site before designing the Plan and during its implementation. Plan Designer - Review and approve of on-site design modifications. . Develop contingency Plan for problems. " Implement contingency Plan if warranted. " Ensure inspection services are provided for the duration of the four phase construction process and stabilization period. " Responsible for all four phases of construction process. Assigns personnel to inspect/monitor approved Plan throughout the construction process. Contract " Traditionally owner's representative. Administrator . Forms core of construction team. " Provides construction specifics and schedules to rest of construction team. . Liases with all parties including constructor and agencies, and Makes recommendations for the requirement of Specialists. Erosion and Sediment Control Guideline - December 2006 16Table 1. Roles and Responsibilities of Involved Parties Party Roles and Responsibilities Environmental " Understand the ESC Plan and construction methods. Monitor (EM) " Inform ESC Plan designer about any changes to the construction phases and schedules. " Recognizes the effective applications of ESC measures and communicates recommendations with contractor and Municipal Inspector. " Inspects all ESC measures every seven days and after all rainfall event and/or significant snowmelts. . Be aware of contingency plan and direct use when if necessary . Provide feedback to contractor. Keep track of construction phase modifications. Document site inspections and corrective actions. Maintain log books - records from weeklyevent based inspections. Contractor " Controls the implementation and effectiveness of ESC Plan. Install the ESC measures as per specification. " Communicate with CA and site inspector of any failure of the control measure. Should communicate with Inspector and ESC Plan designer concerns with ESC practice and on-site condition. . Vigilant for operation and maintenance of ESC measures. Respond promptly to feedback from site inspector, regulator, or project manager. Regulatory Establish guidelines and updates as required. Agencies " Enforce the laws under the federal, provincial legislation and municipal by-laws. - Performance evaluation monitoring. . Should clearly communicate the submission requirements such as ESC Plan and Letter of Credit. - Review plans and provide comments/directions to EM. Provide training workshops. Erosion and Sediment Control Guideline - December 2006 17